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Ordinance No. 4068
AN ORDINANCE OF THE COUNTY OF BUTTE REPEALING AND RE-ENACTING
ARTICLE XVIII TO CHAPTER 3 OF THE BUTTE COUNTY CODE REGARDING
DEVELOPMENT IMPACT FEES FOR LIBRARY FACILITIES-COUNTYWIDE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article XVIII is repealed and re-enacted to read as follows:
3-171 -Purpose.
This article is enacted pursuant to Article I, Section 1 of the Butte County Chart
Article XI, Section 7 of the California Constitution, and Section 66000 and following
the Government Code for the purpose of authorizing and levying library facilities a
equipment fees upon the owners of real property located in the unincorporated a
incorporated area of Butte County, adding or expanding one (1) or more residential ur
to such property, in an amount sufficient to defray the cost of acquiring, developing
improving library facilities made necessary to serve the additional library needs arisi
from an increase or change in the use of such property.
3-172 -Findings.
The board of supervisors makes the following findings and determina
required by Government Code Section 66001 in regard to the development impact
authorized and levied pursuant to the provisions of this article:
(a) Increased Need Resulting From New Development. The Butte County Pu
Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, proj~
increases in population, housing units and jobs over atwenty-three (23) }
period, from 2012 to 2035. It projects that populations will increase by fo
three (43) percent, housing units will increase by forty-two (42) percent, and j
will increase by fifty-seven (57) percent. As a result, there will be new resider
development occurring within Butte County that will create a need for
acquisition, development or improvement of additional library facilities. C
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time, existing library facilities and equipment will become insufficient in number
size and location to meet the needs of new residential development. Based on the
Butte County Public Facilities Fees Nexus Study 2012 Update, dated October 5
2012, new residential development occurring within Butte County will create the
need to expand library facilities by 8,000 square feet and collection items b;
44,000 to serve new development through the planning horizon.
(b) Use of Revenues From Fees to Meet Library Facilities Needs. All revenu
from the development impact fees authorized and levied on new resident:
development pursuant to the provisions of this article will be used for t
acquisition, development or improvement of library facilities and equipme
within the unincorporated and incorporated area of Butte County, which will me
the need for such facilities and equipment caused by such new resident
development. In accordance with the provisions of this article, all such revenu
must be deposited into a library facility account and thereafter appropriated by t
board of supervisors for the acquisition, development or improvement of librz
facilities and equipment of benefit to the persons owning the structures up
which the fees are imposed. Library facilities and equipment will include t
capital cost of expanding library facilities and equipment including the desi€
engineering, construction, land acquisition costs, furniture, fixtures and equipme
for the expanding facilities, and acquiring and adding to the library's collection
materials and equipment, including the purchase of mobile library servi
vehicles.
(c) Fees Do Not Exceed Level Necessary to Meet Need. The developn
impact fees authorized and levied on new residential development pursuant to
provisions of this article will not exceed that which is necessary to fund
library facilities and equipment attributable to the new residential developn
upon which such fees are imposed. In particular, the development impact
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authorized and levied on new residential development will be equal to
necessary to fund an additional eight thousand (8,000) square feet of lib
facilities, and forty-four thousand (44,000) collection items to loan for
increase in population, housing units and jobs that will eventually occur in E
County by the year 2035.
(d) Appropriateness of Development Impact Fees. Due to the projected incre~
in population, housing units and jobs, development impact fees are the o~
equitable way for new development to contribute to maintaining existing levels
service.
(e) Purpose of Fees. The purpose of the fees authorized and levied by this ar
is to defray the cost of improvements to those library facilities within
unincorporated and incorporated area of Butte County made necessary by
anticipated increases in population, housing units and jobs.
(f) Library Facilities Identified. The facilities that will be financed wholly or
part by the fees include, but are not limited to, those types of facilities, faciliti
improvements, vehicles and equipment identified in the Butte County Pub:
Facilities Fee Nexus Study 2012 Update, dated October 5, 2012 and/or tho
facilities, facilities improvements, vehicles and equipment identified in the capi
improvement plan approved by the board of supervisors entitled the Butte Cour
Capital Improvement Program, and facilities, facilities improvements and relat
and associated equipment and collection items made necessary by the increases
population, housing units and jobs.
(g) Relationship Between Use of Fees and Type of Development. There is
reasonable relationship between the use of the fees and the type of developme
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project on which the fees are imposed, as set forth in the provisions of this
including, but not limited to, Sections 3-174, 3-175 and 3-181.
(h) Relationship Between Need for Facilities and Type of Development. There
a reasonable relationship between the need for the library facilities and the type
development project on which the fees are imposed, as set forth in the provisio
of this article, including, but not limited to, Sections 3-174 and 3-175.
(i) Relationship Between Amount of Fees and Cost of Facilities. There is
reasonable relationship between the amount of the fees and the cost of the Libra
facilities or portions thereof attributable to the development on which the fees a
imposed, as set forth in the provisions of this article, including, but not limited t
Section 3-175, and chapter 2 and chapter 7 of the Butte County Public Faciliti
Fee Nexus Study 2012 Update, dated October 5, 2012.
3-173 -Definitions.
Unless the contrary is stated or clearly appears from the context,
following definitions shall govern the construction of the words and phrases used in
article:
(a) Development shall mean any human-caused change to land that requires
permit or approval from the County.
(b) Nonresidential Units shall mean the following:
(1) Commercial/Community Services shall mean all commercial
retail uses including restaurants, banks, car sales, Laundromats, sa]
service stations, nurseries, department stores, auditoriums, s
assemblies, churches, indoor sporting, theaters, community facilities,
visitor-serving lodging facilities (hotels, motels, etc.).
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(2) General Office shall mean all general professional and medical
development including medical and dental offices, corporate headgr
single tenant, office parks, research and development centers, and bi
parks.
(3) Industrial shall mean all industrial uses including manufacturing
woodworking, light and heavy industrial, automotive and aircraft repair
industrial parks, and all warehousing and distribution uses including
parking garages, aircraft hangers, and hazardous storage.
(4) Institutional shall mean all hospitals and clinics, all care faci
including nursing homes, assisted living, and group or day care cep
and all education facilities including preschools, private schools
colleges. Excludes public uses.
(5) Low Intensity shall mean all uses not included in other cats
including mini and seasonal storage facilities, outdoor recreation, c
arenas, amusement parks, mining, seasonal agricultural uses and
facilities.
(c) Residential Units shall mean the following:
(1) Single Family which includes detached single family units, attar
single family units, factory-built homes and second units, but does
include guest houses.
(2) Multi-family which includes units in multi-family build
(comprised of two or more units), and manufactured home/mobile hog
but excluding group quarters such as dormitories, nursing hog
correction facilities, etc.
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2a
3-174 -Imposition of library facilities fees.
Library facilities development impact fees shall be authorized and levied
any owner of real property located in the unincorporated and incorporated area of
County, with the fee to be collected in the incorporated area by each respect
municipality through an agreement with Butte County, adding or expanding one (1)
more residential units to such property, or change of any use of a building that is of
than residential on the property to a residential use.
3-175 -Amount of library facilities fees.
The amount of development impact fees for library facilities authorized
levied pursuant to the provisions of this article shall be as specified in the Impact
Resolution adopted by the board of supervisors.
The Butte County Public Facilities Fee Nexus Study 2012 Update, dated
5, 2012, shall be referenced for general calculation of the levied fees.
3-176 -Periodic adjustment to library facilities fees.
From time to time, county staff may submit documentation substantiating
there has been an increase in the cost of acquiring, developing or improving lil
facilities and equipment within the unincorporated and incorporated area of I
County, and requesting an increase in the library facilities fees authorized and le
pursuant to the provisions of this article. The board of supervisors may increase the
in an amount proportional to the increase in such costs. The determination of why
there has been an increase in the cost of acquiring, developing or improving lil
facilities and equipment and the amount of the increase in the library facilities fees v
is proportional to the increase in such costs shall be made by the board of superv
based on the following:
The net percentage increase in the Engineering News Record Construction
Index for San Francisco (using the CCI column of the "ENR City Cost Index-
Francisco") (based on 1913 U.S. average =one hundred (100)) as last published in
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Engineering News Record McGraw Hill Construction Weekly (or on the
between the date of such increase and the effective date of the ordinance codified in
section or any prior increase in the fees made pursuant to the provisions of this section.
The formula for adjusting the fee is: (New index amount/amount of index at time
of existing fee) x existing fee =new fee.
3-177 -Credit for library facilities fees previously paid.
Where library facilities fees have previously been paid in whole or in part as
the real property upon which the structures are to be added, the owner of said r.
property shall be entitled to a credit or partial credit for the amount paid against the fe
owing pursuant to this article. Such fees may previously have been paid to anotl
jurisdiction or to Butte County where such fees have been paid for a use that is bei
converted to a different or more intensive use.
3-178 -Exemption from library facilities fees.
Notwithstanding any provisions of this article to the contrary, library facili~
fees shall not be authorized and levied upon an owner of real property located in
unincorporated or incorporated area of Butte County adding or expanding one (1)
more structures to such property or converting the use thereof to a more intensive
under the following circumstances:
(a) Where the structure is owned by a governmental agency.
(b) Where the structure is a building, or is within a building, which is bei
reconstructed following damage or destruction by fire or other casualty, or t
voluntary demolition thereof, provided that the number of structures or the size
such reconstructed structure is no greater than the number of structures or the si
of the structure prior to such damage, destruction or demolition.
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(c) Where a use is a nonresidential use and the structure is located within
Oroville Enterprise Zone as described in Butte County Code chapter 2, An
XVI.S.
(d) Where the structure is a temporary mobile home as described in Butte
Code Section 24-174(F).
3-179 -Waiver of library facilities fees.
Pursuant to Butte County Code Section 1-18, the board of supervisors may wai
all or part of the fees as permitted by law, if the applicant is a public entity or nonpro
charitable organization or if the board of supervisors finds that it is otherwise in t
public interest to do so.
Consistent with, and in support of the findings and determinations required
Government Code Section 66001 in regard to the development impact fees authoriz
and levied pursuant to the provisions of this article, the amount of any waiver of fe
shall require a corresponding transfer of the waived fee amount from the County's gene:
fund to the appropriate development impact fee account.
3-180 -Facility construction or improvements by agreement.
When, as a condition of approval of a development project: 1) construction
library facilities or facilities improvements are required as part of the approval prow
for the project; and 2) those requirements have been imposed upon the developer
recorded in a development agreement with the County; and 3) the value of those facilit
and/or improvements exceeds the library facilities development impact fees that wog
have been levied on the subject properties, development impact fees will not be impo:
or collected on the subject properties. This action constitutes an in-lieu payment of f
and does not constitute an exception or waiver of the required fees.
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3-181 -Payment of library facilities fees.
(a) Time of Payment. The library facilities fees authorized and levied pursuant
the provisions of this article shall be levied and become due at the time of requ~
for final inspection or certificate of occupancy, whichever occurs first.
(b) Place of Payment. Fees levied pursuant to the provisions of this article
be paid to the County of Butte, Department of Development Services, in
amount specified in the most recent Impact Fee Resolution adopted by the b.
of supervisors at the time of levy.
3-182 -Deposit of library facilities fee revenues in library facilities account.
All revenues from the library facilities and equipment fees authorized and lei
pursuant to the provisions of this article, less an authorized administration fee, sh
when received by the County of Butte, be deposited into a separate library facili
account thereafter appropriated and used only for the acquisition, development
improvement of library facilities in the manner hereinafter provided by this article.
authorized administrative fee shall be deposited into a separate impact fee administrai
account.
3-183 -Appropriation of library facilities fee revenues for the acquisition, development or
improvement of library facilities.
All revenues from the library facilities fees authorized and levied pursuant to tl
provisions of this article and received by the County of Butte and deposited in a separa
account pursuant to this article, shall be appropriated by the board of supervisors in
manner consistent with the Butte County Public Facilities Fee Nexus Study 2012 Upda
dated October 5, 2012, and the Butte County Capital Improvement Program approved 1
the board of supervisors, and only for the acquisition, development or improvement
library facilities, equipment and materials made necessary by increases in populatic
housing units and jobs.
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3-184 -Report regarding disposition of library facilities fee revenues; action regarding
unexpended revenues.
(a) Within one hundred eighty (180) days after the last day of each fiscal year
chief administrative officer or his/her designee shall provide to the board
supervisors a report regarding each separate account or fund established pursu
to this article, and the board shall then review the report, in compliance with
requirements of Government Code Section 66006(b).
(b) Action by the board of supervisors. Commencing with the fifth fiscal ye
following the first receipt of any revenues from library facilities fees authoriz
and levied pursuant to the provisions of this article, and every five (5) ye.
thereafter, the board of supervisors, following receipt of the chief administrati
officer's report, shall make the required findings with respect to any unexpend
library facilities fee revenues in the library facilities fees account as set forth
Government Code Section 66001(d). In the event that the library facilities ;
revenues are found not to have been diligently expended, the board of supervise
may take one of the following actions:
(1) Order the expending of all or any part of such unexpended libr~
facilities fee revenues for the acquisition, development or improvement
library facilities, equipment and materials in the manner hereinbeft
provided by this article;
(2) Make a finding with respect to all or any part of such unexpen
library facilities fee revenues which identifies the purpose to which
revenues are to be put, and which demonstrates a reasonable relation
between the fees from which the revenues are derived and purpose
which the revenues are derived, and the purpose for which the revel
are derived and the purpose for which they were charged; or
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(3) Order the refund of all or any part of such unexpended lib
facilities fee revenues, together with any interest accrued thereon, to
current owner of any property for which fees were paid; provii
however, that if the administrative costs of refunding such library facil
fee revenues exceeds the amount to be refunded, the board of
after considering the matter at a public hearing, notice of which is given
the manner provided for by Government Code Section 66001(f), m
order the expending of such revenues for any other facility
improvement for which development fees are charged or otherw!
imposed pursuant to this code and which the board of
determines will benefit the properties for which the library facilities
were paid.
3-185 -Other library facilities requirements.
The provisions of this article shall not relieve the owner of any real prope
located within the county, both the incorporated and unincorporated areas, from 1
obligation of complying with any requirements that are imposed pursuant to otl
provisions of this code, state law or federal law at the time of approval of a subdivisi
map, parcel map, building permit or other land use entitlement regarding the funding
library facilities.
3-186 - Severability.
If any provision of this Ordinance or the application thereof to any person
circumstances is for any reason held to be invalid by a court of competent jurisdicti
such provision shall be deemed severable, and the invalidity thereof shall not affect
remaining provisions or other application of the Ordinance which can be given eft
without the invalid provision or application thereof.
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3-187 -Effective Date and Publication.
This ordinance shall take effect sixty (60) days after the date of its passage. The
Clerk of the Board of Supervisors is authorized and directed to publish this ordinance before the
expiration of fifteen (15) days after its passage. This ordinance shall be published once, with the
names of the members of the Board of Supervisors voting for and against it, in the Chicc
Enterprise Record, a newspaper of general circulation in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State
California on the 8`" day of October 2013, by the following vote:
AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
BILL CONNELLY, CHAD
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief
Clerk of tkf$ B~
By:
/ ~~t
Officer
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